AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Judges

MYRNA FISCHER et al., Respondents, v. EDWARD M. WEILAND, M.D., P. C., et al., Defendants, and SHERRY H. KESDEN et al., Appellants.

Ordered that the order is affirmed insofar as appealed from, with costs.

In support of their motion for summary judgment dismissing the complaint, the appellants failed to proffer evidence in admissible form sufficient "to eliminate any material issues of fact from the case" (Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853; see also, Alvarez v. Prospect Hosp., 68 N.Y.2d 320). The Supreme Court therefore properly denied the motion. In reaching this determination, we have not considered the appellants' arguments concerning causation, which were improperly raised for the first time in the reply papers submitted on the motion for summary judgment ( see, Pinkston v. Weiss, 238 A.D.2d 393; Lumbermens Mut. Cas. Co. v. Morse Shoe Co., 218 A.D.2d 624; Ritt v. Lenox Hill Hosp., 182 A.D.2d 560).

Rosenblatt, J. P., Miller, O'Brien and Ritter, JJ., concur.

Use AI to get other relevant cases.

Comments

FISCHER v. WEILAND
(Jul 7, 1997)